JNC files report on COA finalists to Holcomb
Indiana Gov. Eric Holcomb now has 60 days to select Indiana’s next Court of Appeals judge after the Indiana Judicial Nominating Commission officially submitted the names of its three finalists on Friday.
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COA upholds 6-year stalking sentence for ex’s break-in, threat
A Ripley County man who broke into his ex-wife’s home by climbing on the roof and cutting through the drywall with razor blades has lost his appeal of his six-year sentence for convictions of intimidation and invasion of privacy, with the Indiana Court of Appeals rejecting his argument that the sentence is inappropriate.
Trial court ‘clearly erred’ in granting adoption petition
A Hamilton County judge’s ruling that a father’s consent was not required for a stepfather to adopt his child was clearly erroneous, the Indiana Court of Appeals ruled Friday, reversing the adoption.
Appeals court orders further proceedings in lake-use flap
A dispute over shoreline rights between a property owner and the association that controls access to part of Lake Freeman in Carroll County will go back to the trial court after the Indiana Court of Appeals granted the property partial relief.
Harvey Weinstein arraigned on rape, criminal sex act charges
Flinching when he heard himself described as a man who used power to prey on women, disgraced movie mogul Harvey Weinstein was arraigned Friday on rape and other charges in the first criminal prosecution to result from the wave of allegations against him that sparked a national reckoning over sexual misconduct.
Attorney who threatened estranged wife with ax disbarred
A Mishawka attorney convicted of felony intimidation after threatening to kill his wife with an ax has been disbarred. The former lawyer is the second disbarred this week by the Indiana Supreme Court for felony convictions.
7th Circuit adopts rule changes for district court dockets
The 7th Circuit Court of Appeals has adopted two rule amendments that place additional requirements on district courts to ensure case dockets are complete and available upon the 7th Circuit’s request.
Opinions May 24, 2018
Indiana Court of Appeals
Gerald G. Gray v. Medical Licensing Board of Indiana
26A01-1707-PL-1595
Civil plenary. Affirms the denial of Dr. Gerald Gray’s petition for judicial review of a Medical Licensing Board of Indiana order indefinitely suspending his medical license. Finds substantial evidence supports the suspension.
Taking on the system, ‘Dreamers’ get law degrees
Denia Perez’s parents brought her from Mexico to the United States illegally when she was 11 months old. Last month, she became among the first of the so-called “Dreamers” to earn a law degree. And now, she and others are using their lawyerly know-how to take on the system so they can legally practice.
Judge: DOC must reinstate credit time for violating inmate’s due process
The Indiana Department of Correction must restore 90 days of credit time revoked from an inmate who was found guilty of being under the influence of intoxicants after a district court judge determined the prison violated the inmate’s due process rights in reaching that finding.
Brownsburg man pleads guilty to terrorism-related charge
A suburban Indianapolis man accused of trying to join the Islamic State group overseas pleaded guilty to a terrorism charge Wednesday. Akram Musleh of Brownsburg entered the plea in U.S. District Court in Indianapolis.
COA upholds suspension of Gibson County doctor’s license
A Gibson County doctor who violated multiple federal regulations when he impermissibly prescribed prescription narcotics to his girlfriend and other patients has lost his appeal to reinstate his Indiana medical license. The Indiana Court of Appeals found evidence supported his suspension.
Man convicted of corpse abuse, not murder, in woman’s death
A jury in Evansville acquitted a man of murder and kidnapping in the death of a 19-year-old disabled woman while convicting him of criminal confinement and abuse of a corpse.
2 youths get 100-plus years in Indiana killing, shootings
Two Indianapolis youths convicted of killing a man and wounding four others during a late-night series of shootings and robberies have each been sentenced to more than 100 years in prison.
Emails show deception by Nassar, USA Gymnastics
Emails show Indianapolis-based USA Gymnastics in 2015 came up with false excuses to account for the absence of a sports doctor who had been accused of sexually assaulting female athletes.
White ex-basketball coach’s reverse discrimination suit may proceed
A federal judge ruled Tuesday that a former coach of a South Bend high school basketball powerhouse who claimed he was forced out because he was white may proceed with a discrimination suit against the school corporation.
Nine named as finalists to fill Marion County bench vacancies
The Marion County Judicial Selection Committee has selected nine finalists to be considered to fill three upcoming Marion County court vacancies after interviewing 40 candidates over a three-day period. It’s the first time the committee has selected nominees to the trial court bench for the governor’s selection.
Justices take certified question on coverage of ‘negligent’ insureds
The Indiana Supreme Court will provide clarification on two conflicting rulings related to insurance coverage for parties accused of acting negligently when a co-insured is accused of acting intentionally or criminally.
Opinions May 23, 2018
The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
In the Matter of Stephen W. Schuyler
18S-DI-184
Disciplinary. Disbars Stephen Schuyler. Finds Schuyler engaged in attorney misconduct by stealing hundreds of thousands of dollars from six supervised estates, failing to comply with court orders and failing to cooperate with the disciplinary process.
Firm can pursue damages in competitor’s recruitment of workers
An Indianapolis-based civil engineering firm will have the opportunity to defend its demand for liquidated damages from three employees who allegedly violated non-recruitment agreements after the Indiana Court of Appeals reversed summary judgment for the firm’s competitor. The court also upheld the denial of summary judgment to the competitor on two additional claims stemming from its alleged impermissible recruitment of employees.